Woolsey v. Beto, 71-1356 Summary Calendar.
| Decision Date | 12 January 1972 |
| Docket Number | No. 71-1356 Summary Calendar.,71-1356 Summary Calendar. |
| Parties | Harold G. WOOLSEY, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Harold G. Woolsey, pro se.
Crawford C. Martin, Atty. Gen., Larry Craddock, Jr., Austin, Tex., for respondent-appellee.
Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.
Rehearing and Rehearing En Banc Denied January 12, 1972.
This prison administration case, brought under the civil rights jurisdiction of the court and seeking injunctive relief and damages, was dismissed on the pleadings. 42 U.S.C.A. § 1983. The district court was of the view that no one of the several complaints asserted rose to the level of a constitutionally cognizable claim. We affirm in part and reverse in part.
The district court viewed the claims of appellant as embracing matters of internal prison operation and administration such as were beyond the scope of federal inquiry. Cf. Granville v. Hunt, 5 Cir., 1969, 411 F.2d 9. We agree as to all matters except the contentions having to do with unreasonable punitive work assignments and resulting solitary confinement within the context of appellant's alleged tubercular condition. Our conclusion is that these contentions, taken together, state a claim within the teaching of Granville v. Hunt that federal courts will interfere with prison administration only in extreme circumstances. See also Schack v. State of Florida, 5 Cir., 1968, 391 F.2d 593.
The alleged imposition of unreasonable punitive work assignments and solitary confinement with the deliberate and knowing effect of activating appellant's tubercular condition states a cause of action under notice pleading concepts in light of the cruel and unusual punishment prohibition of the Eighth Amendment as applied to the states through the Fourteenth Amendment. Beard v. Lee, 5 Cir., 1968, 396 F.2d 749, 751.
Whether there were in fact unreasonable punitive work assignments coupled with resulting solitary confinement and whether appellant became an active tubercular patient as a result thereof are questions which remain for determination under summary judgment or trial procedure. Therefore, under notice pleading concepts and given the supplementary civil rights remedy principle of Monroe v. Pape, 1961, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492, it was error to dismiss the...
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...765, 768 (5th Cir. 1972); Novak v. Beto, 453 F.2d 661 (5th Cir. 1971); Rocha v. Sowers, 454 F.2d 1155 (5th Cir. 1972); Woolsey v. Beto, 450 F.2d 321 (5th Cir. 1971); Sinclair v. Henderson, 435 F.2d 125 (5th Cir. 1970). Although the prison officials possess broad discretion in the area of co......
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...for punitive work assignments that resulted in solitary confinement affecting the inmate's tubercular condition. Woolsey v. Beto, 450 F.2d 321, 321 (5th Cir. 1971) (per curiam). The issue in this case involves injuries caused by work assignments themselves and does not involve the aggravati......
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Howard v. King, 83-3154
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